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LW/JUN 2012/LAW510/429

UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION

COURSE COURSE CODE EXAMINATION TIME

INTERNATIONAL LAW I / PUBLIC INTERNATIONAL LAW I LAW510/429 JUNE 2012 3 HOURS

INSTRUCTIONS TO CANDIDATES 1. This question paper consists of three (3) parts : PART A (5 Questions) PART B (2 Questions) PART C (1 Question)

2. 3.

Answer ALL questions in the Answer Booklet. Start each answer on a new page. Candidates are allowed to bring the following (unannotated): i) ii) iii) iv) v) vi) Charter of the United Nations 1945 Vienna Convention on the Law of Treaties 1969 ILC Draft Article on Responsibility of States for Internationally Wrongful Acts 2001 ILC Draft Articles on Diplomatic Protection 2006 Vienna Convention on Diplomatic Relations 1961 Vienna Convention on Consular Relations 1963

4.

Do not bring any material into the examination room unless permission is given by the invigilator. Please check to make sure that this examination pack consists of: i) ii) the Question Paper an Answer Booklet - provided by the Faculty

5.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

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LW/JUN 2012/LAW510/429

PART A

QUESTION 1 Discuss briefly whether international law can really be regarded as law (6 marks)

QUESTION 2 Stipulate briefly the elements that must be fulfilled in order to constitute customary international law. (6 marks)

QUESTION 3 Specify briefly the approaches pertaining to the relationship between international law and municipal law. (6 marks)

QUESTION 4 Discuss briefly the elements that must be fulfilled to enable an international organisation to be conferred with international legal personality. (6 marks) QUESTION 5 Stipulate briefly the characteristics of an agreement that falls within the ambit of the Vienna Convention on the Law of Treaties 1969. (6 marks)

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PARTB

QUESTION 1 In June 2008, the state of Aronia (Aronia) declared war on the state of Dracon (Dracon). Aronia forces succeeded in occupying a substantial part of Draconian territory. Aronia forces under the command of Colonel Hermon perpetrated many atrocities against the population of Dracon which included massacres of civilians and the use of large numbers of civilians as forced labour. The war ended in September 2008 following the removal of the President of Aronia from power. At the end of the war, Colonel Hermon disappeared from Aronian territory. Recently, the intelligence bureau of the state of Turboland (Turboland) discovered that Colonel Hermon is residing in its territory. The authorities of Turboland proceeded to arrest Colonel Hermon. He is now being detained by the authorities of Turboland. In June 2009, the government of Aronia entered into a contract with Franco Company for the supply of materials to construct a monument to commemorate the end of the war between Aronia and Dracon. Franco Company was incorporated in Dracon. The contract was concluded in Draconian territory. Franco Company delivered the materials requested by Aronia in July 2009. However, the government of Aronia has failed to pay the amount due to Franco Company until today. On 23 February 2012, Mr. Olan, a Draconian national who had been forced to work in a munitions factory until the end of the war, instituted proceeding against Aronia in the Court of Dracon. On 3 March 2012, another proceeding was instituted against Aronia in the Court of Dracon by Franco Company to recover the debt owed by the government of Aronia. Based on the situation above, discuss the followings: a) Whether the state of Aronia can plead immunity with respect to the legal actions initiated by the nationals of the state of Dracon. (15 marks) Whether the court in the state of Turboland can exercise its jurisdiction to prosecute Colonel Hermon for having committed war crimes. (5 marks)

b)

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QUESTION 2 Tamra is a small island, having an area of approximately 50 sq. km. It is situated some 15 nautical miles from the state of Gilbertland (Gilbertland), and 42 nautical miles from the east coast of the state of Zafroland (Zafroland). It was not inhabited until the 1990s, when it was developed into a tourist resort. In the 18th century, the state of Shawland (Shawland) established itself at Zafroland and sought to extend its influence over the islands lying further to the east coast. Towards the end of the 18th century, it began to exercise its influence over the ruler of Zafroland. In 1870, Shawland concluded a protectorate agreement with the ruler of Zafroland. Shawland guaranteed its protection to the ruler of Zafroland. In return, Zafroland ceded all its islands to Shawland. Shawland conducted a survey and concluded that Tamra Island is part of Zafroland. However, Shawland has not published the result of the survey. There is no evidence of a settlement being established by Shawland on the island. From the year 1910 until 1920, the vessels of the Shawland Royal Navy had occassionally patrolled the area surrounding the island. It was also reported that several fishermen from Zafroland conducted fishing activities around the island from the year 1920 until 1930. In 1980, Gilbertland published a map in which Tamra Island was included as part of its territory. In 1981, Shawland sent a letter of protest to Gilbertland with regard to the publication of the map. Shawland argued that Tamra island was part of Zafroland. Gilbertland substantiated its claim by showing that as early as 1920, Gilbertland took steps to regulate and control the collection of turtle eggs on Tamra. In 1970, Gilbertland established a licensing system for boats that used to fish in the waters around the island. Based on the above situation, assess the strength of the claims made by Gilbertland and Shawland over Tamra Island. (20 marks)

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LW/JUN 2012/LAW510/429

QUESTION 1 The state of Aries (Aries) and the state of Virgo (Virgo) are neighbouring states separated by the Orhan River. These two states are constantly involved in tumultuous relationship due the dispute over the consumption of water of the Orhan River. Both states are parties to the Vienna Conventions on Diplomatic Relations 1961 and Vienna Conventions on Consular Relations 1963. In January 2010, it was reported that the government of Aries denied the entry of the President of Virgo into Aries in order to seek medical treatment. This event led to a series of protests and demonstrations by the people of Virgo. On 14 February 2010, during the course of a demonstration of approximately 5,000 persons, the compound of the Embassy of Aries (the embassy) in Virgo was overrun by an armed group of several hundred people. The Virgo security personnel was reported to have simply disappeared from the scene. The invading group was later on identified as the radical students' movement known as the Virgo Students' Union (the students). The students gained access into the embassy premises by force. They also seized the other buildings situated in the premises including Aries' consular relations office. It was reported that the President of Virgo congratulated the students and issued statements of official approval. In the course of the attack, all the diplomatic and consular personnel and other persons present in the premises were seized as hostages. All the hostages were kept bound and blind-folded. They were not allowed to communicate with each other, subjected to intense interrogation and threatened with weapons. Mr. Ken was on his way to the embassy to renew his passport when the incident occurred. He was kidnapped by the students in front of the embassy. He was tortured and imprisoned by the students. He was only released two days later. Mr. Ken is a national of both Aries and Virgo. He has worked for about 10 years in Aries. His wife is a national of Aries. They currently, live in the City of Namu, the capital of Aries. Mr. Ken was visiting his parents in Virgo when he was kidnapped. Mr Ken initiated action at the court of Virgo to claim compensation. Recently, however, the Federal Court of Virgo decided to dismiss his claim. Based on the above situation, discuss the followings: a) Whether the state of Aries can invoke the principle of state responsibility to initiate action against the state of Virgo. (15 marks) Whether the state of Aries can accord diplomatic protection to initiate action on behalf of Mr. Ken against the state of Virgo. (15 marks)

b)

END OF QUESTION PAPER

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